----------------------- The petitioner is the owner of quarrying lease. Ext.P1 in W.P.
(C) No.28018 is the quarrying licence. The petitioner approached this Court commanding respondents to permit the petitioner to permit the petitioner to pay the consolidated royalty and to issue cash memoranda in Form ‘P’ under Rule 4 (1A) of the Kerala Minor Mineral Concession Rules. While this writ petition is pending, the petitioner has been served with a notice issued by the Geologist stating that the petitioner has illegally mined from Government puramboke situated in Sy.No.1252/2 and extracted building stone to the tune of 43730 m3. The petitioner has been directed to remit an amount of Rs.17,49,200/- and also penaly of Rs.5,000/-. This notice is challenged in W.P.(C) No.29828 of 2014. The petitioner submits that he has not extracted from any portion of puramboke land.
2. The petitioner challenges the above notice in Ext.P12 in W.P.(C).Nos. 28018 & 29828 of 2014
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W.P.(C) No.29828 of 2014. If the petitioner has not encroached upon the Government puramboke land and no violation has been committed by the petitioner or any irregularity has been committed by any officials in alleging that petitioner has encroached upon the puramboke land need to be enquired into. I am of the view that the Director of Mining and Geology or any person authorised by him shall conduct an enquiry. If it is found in the enquiry that the petitioner has not committed any irregularity, all proceedings in Ext.P12 in W.P.(C) No.29828 of 2014 shall be dropped.
3. In the circumstances, petitioner shall be allowed to pay the royalty under Rule 17 (1A) of the Kerala Minor Mineral Concession Rules, 1967 for mining building stone on the strength of Ext.P1 quarrying lease and also necessary 'P-form' shall be issued to the petitioner on furnishing a bank guarantee for the amount demanded in Ext.P12 in W.P.(C) No.29828 of 2014. The petitioner shall produce the copy of this judgment along with the memorandum of writ petition before the Director, Mining and Geology. The bank guarantee can be appropriated/released based W.P.(C).Nos. 28018 & 29828 of 2014
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on the outcome of enquiry to be conducted by the Director, Mining and Geology. The enquiry shall be conducted within a period of two months, if required with the assistance of Tahsildar and Taluk Surveyor.
The writ petition is disposed of.
A.MUHAMED MUSTAQUE, JUDGE jm/